COTNER v. WILLINGHAM

No. 9558.

387 F.2d 132 (1967)

Louis Ashley COTNER, Appellant, v. J. T. WILLINGHAM, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

December 12, 1967.


Attorney(s) appearing for the Case

Preston G. Gaddis, II, Oklahoma City, Okl., for appellant.

James R. Ward, Asst. U.S. Atty., Topeka, Kan., (Newell A. George, U.S. Atty., Topeka, Kan., on the brief) for appellee.

Before HILL and SETH, Circuit Judges, and DOYLE, District Judge.


PER CURIAM.

The appeal is from an order entered, without a hearing, dismissing a petition for a writ of habeas corpus. The dismissal was apparently based solely upon the insufficiency of the allegations of the petition. We do not agree with the trial court.

The petition, prepared by Cotner, was on the form provided by the clerk of the court and, in substance, by questions and answers alleges: That shortly after being released from the Leavenworth Penitentiary...

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